Kerala High Court
S.Kiran vs The State Of Kerala on 5 December, 2017
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY, THE 5TH DAYOF DECEMBER 2017/14TH AGRAHAYANA, 1939
Crl.MC.No. 4290 of 2015 ()
---------------------------
CC.NO. 619/2015 of CHIEF JUDICIAL MAGISTRATE COURT,
THIRUVANANTHAPURAM.
----------------
PETITIONER(S)/ACCUSED NO.1 TO 3:
------------------------------------------------------
1. S.KIRAN,
S/O.SOMAN ASAN, AGED 40 YEARS,SREENILAYAM,
ERAVIPURAM VILLAGE,
KOLLAM. (A1)
2. P.V.RADHAKRISHNAN,
S/O.C.G.VISWANATHAN NAIR, AGE 45 YEARS,
RADHAKRISHNA BHAVAN,
PERINGARA VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA (A2)
3. C.S.SAJI,
S/O.C.K.SEKHARAN,AGE 43 YEARS, CHOORAVELIL HOUSE,
KURUVAMOZHY POST, KOOVAPALLY VILLAGE,
KANJIRAPPALLY TALUK, KOTTAYAM. (A3)
BY ADVS.SRI.SASTHAMANGALAM S. AJITHKUMAR
SRI.V.S.THOSHIN
RESPONDENT(S)/COMPLAINANT:
-------------------------------------------------
1. THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM THROUGH
POLICE INSPECTOR, RAILWAY POLICE,
THIRUVANANTHAPURAM-695 001.
2. K.P.JAMES,
S/O.PROTHATHIS, AGED 48,KARUVELIL HOUSE, BHATTANTHOOR,
PANAYAL VILLAGE, KASARAGOD-671 101.
(CW1/DEFACTO COMPLAINANT).
R1 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA
R2 BY ADV. SRI.C.S.DIAS,SC
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 05-12-2017, ALONG WITH CRMC. 6849/2015, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
TS
Crl.MC.No. 4290 of 2015 ()
--------------------------------------
APPENDIX
PETITIONER(S)' ANNEXURES
--------------------------------------------
ANNEXURE-A: CERTIFIED COPY OF FINAL REPORT IN C.C.NO.619/15 OF CJM,
THIRUVANANTHAPURAM.
ANNEXURE-B: TRUE COPY OF INTIMATION DT.14.8.14 1.45 A.M. TO THE RPF
CONTROL ROOM.
ANNEXURE-C: TRUE COPY OF THE FINAL REPORT IN C.C.NO.620/15 OF CJM,
THIRUVANANTHAPURAM.
ANNEXURE-D: THE TRUE COPY OF THE G.D.ENTRY DT.14.8.14 8.15 P.M., ENTRY
NO.11 OF RPF, BOMB DETECTION SQUAD.
RESPONDENT(S)' ANNEXURES- NIL
------------------------------------------------------
/TRUE COPY/
PS TO JUDGE
TS
B. KEMAL PASHA, J.
----------------------------------
Crl.M.C.Nos.4290 & 6849 of 2015
----------------------------------
Dated this the 5th day of December, 2017
O R D E R
Crl.M.C.No.4290/2015 is filed by accused Nos.1 to 3 in C.C.No.619/2015 of the Chief Judicial Magistrate's Court, Thiruvananthapuram. Crl.M.C.No.6849/2015 is filed by the accused in C.C.No.620/2015 of the Chief Judicial Magistrate's Court, Thiruvananthapuram.
2. It is alleged that the 2nd respondent in Crl.M.C.No.6849/2015, who was working in the Bomb Detection Squad of the RPF, Thiruvananthapuram Central Raiway Station, was found in a drunken mood on 14.08.2014. being the eve of the independence day, a combing operation was going on at the instance of the superior officers of the RPF. When the 2nd respondent was found in a drunken mood, the Divisional Security Commissioner of the RPF gave orders to the petitioner in Crl.M.C.No.6849/2015, to subject the 2nd respondent to medical examination. The incident had occurred at 10.30 pm at the premises of the Thiruvananthapuram Central Railway Crl.M.C.Nos.4290 & 6849 of 2015 -: 2 :- Station. When the petitioner attempted to take the 2nd respondent for subjecting him to medical examination, it was resisted and obstructed by the 2nd respondent. He has allegedly called his union leaders to interfere in the matter, and they were made known about the precarious position in which he was placed. The 2nd respondent along with the two other accused in C.C.No.619/2015 obstructed the medical examination and accused Nos.2 and 3 forcibly took the 2nd respondent away from the premises thereby making it impossible to subject the 1st accused to medical examination.
3. For the said incident, two crimes were registered as Crime Nos.641/2014 and 642/2014. Crime No.641/2014 has culminated in C.C.No.619/2015, and the other crime has culminated in C.C.No.620/2015.
4. C.C.No.619/2015 is for the offences punishable under Sections 353, 294(b), 506(i) and 225(b) read with 34 IPC. On a scrutiny of the final report and the records submitted with it and on hearing either side, this Court is of the view that the present stage is too premature to conclude that the petitioners in Crl.M.C.No.4290/2015 have not Crl.M.C.Nos.4290 & 6849 of 2015 -: 3 :- committed the offences alleged against them in C.C.No.619/2015. The arguments relate to the merits of the matter and the same can be considered only on evidence in trial.
5. C.C.No.620/2015 is for the offence punishable under Section 323 IPC. The allegation in C.C.No.620/2015 is that the accused forcibly caught hold of the hand of the defacto complainant and attempted to push him into the room and then his body hit on the wall of the office, whereby he sustained two abrasions.
6. As rightly pointed out by the learned counsel for the petitioner in Crl.M.C.No.6849/2015, evidently the petitioner is protected by the provisions contained under 197 Cr.P.C. It has clearly come out that he was in the discharge of his official duty as Assistant Security Commissioner, RPF, Thiruvananthapuram. The incident had allegedly occurred at the office of the RPF Bomb Detection Squad. Annexure-3 is a certificate dated 21.09.2015 issued by the Assistant Divisional Security Commissioner for and on behalf of the Divisional Security Commissioner. It is a certificate which Crl.M.C.Nos.4290 & 6849 of 2015 -: 4 :- shows that the petitioner was authorised and directed by the Divisional Security Commissioner, RPF, Thiruvananthapuram for subjecting the 2nd respondent to medical examination since the 2nd respondent was found in a drunken mood.
7. The learned counsel for the 2nd respondent has pointed out that Annexure-3 certificate is dated 21.09.2015, and therefore, it cannot be said that at the particular time the petitioner was authorised or engaged by the Divisional Security Commissioner for doing the said job. It is also argued that the certificate is one issued by the Assistant Divisional Security Commissioner and not by the Divisional Security Commissioner.
8. It is not on the basis of Annexure-3 that the petitioner had attempted to take the 2nd respondent for subjecting him to medical examination. Anneuxre-3 is produced by the petitioner solely in order to prove that he was so authorised by the Divisional Security Commissioner. Annexure-3 is nothing but an acknowledgement regarding such an engagement, and nothing more.
9. Even if the petitioner was not authorised or Crl.M.C.Nos.4290 & 6849 of 2015 -: 5 :- engaged by the Divisional Security Commissioner, it cannot be said that the petitioner in the discharge of his official duties could not have subjected the 2nd respondent, who was found in a drunken mood, to medical examination. Admittedly, the petitioner was the Assistant Divisional Security Commissioner, RPF. It cannot be said that he had no power or authority to take the 2nd respondent, who was found in a drunken mood, on the eve of the independent day at the premises of the RPF Bomb Detection Squad office, Thiruvananthapuram, for medical examination. Of course, whether there was authorisation through Annexure-3 or not, is a question that can be mooted in C.C.No.619/2015 during trial.
10. On going through Annexure-1 final report in Crl.M.C.6849/2015, it is evident that there are no ingredients to invite an offence under Section 323 IPC. There is no allegation that he has voluntarily caused hurt to the 2nd respondent. Apart from that, there is want of sanction under Section 197 Cr.P.C. also. Matters being so, all further proceedings in C.C.No.620/2015 of the Chief Judicial Crl.M.C.Nos.4290 & 6849 of 2015 -: 6 :- Magistrate's court, Thiruvananthapuram and also Annexure-1 final report are liable to be quashed.
11. Regarding Crl.M.C.No.4290/2015, it is made clear that there is absolutely nothing to interfere with the proceedings at present. Of course, in case charges are not framed, it is open to the petitioners to approach the court below under Section 239 Cr.P.C. In such case, the court below shall pass appropriate orders in accordance with law.
Giving the said liberty to the petitioners, Crl.M.C.No.4290/2015 is dismissed.
Sd/-
B. KEMAL PASHA, JUDGE.
Sd
// True Copy // P.A. to Judge